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HomeMy WebLinkAbout14-4520MARO & MARO, P.C. By: Paul S. Peters, III, Esquire Attorney I.D. No.: 87421 1115 West Main Street Norristown, PA 19401 (610) 275-9600 r+jut I�v4 O IA ,�F, 1 44 P trifJ ri ', U Cv�i;T y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • NO: S RE: Joint Petition of PAVIA I, LLC. and M. Dupert • • JOINT PETITION FOR TRANSFER PURSUANT TO PROTECTION ACT, 40 P.S. 4000, ET SEQ. TO THE HONORABLE JUDGES OF SAID COURT: And now comes your petitioner, PAVIA I,.LLC., by and through its attorneys, Maro & Maro, P.C., and joint petitioner, M. Dupert and in accordance with the applicable rules of Pennsylvania Civil Procedure, hereby represents as follows: 1. Petitioner is PAVIA I, LLC., by assignment, ("Buyer" or Transferee"), with an office address located at 160 Greentree Drive, Suite 101, Dover, DE 19904. 2. Joint Petitioner is, M. Dupert ("Payee"), an adult individual who resides in the County of Cumberland. 3. This Joint Petition has been verified by the Transferee, PAVIA I, LLC. and the Petition includes all necessary information as prescribed by PA R.C.P. 229.2(d) et al and Section 3 of the Act, 40 P.S. §4001 et seq. 4. Pursuant to PA. R.C.P. No. 229.2(d)(3) there are four (4) attachments incorporated herein as follows: 0(t3iSpd c+llti CL -11-08o 1R,1 Ilo9avo a. PA R.C.P. 229.2(d)(3)(i) Payee's Affidavit in Support of Petition. Please see Attachment/Exhibit "1"; and b. PA. R.C.P. 229.2(d)(3)(ii) An Initial Order of Court Scheduling Hearing; c. PA. R.C.P. 229.2(d)(3)(iii) A certification by Paul S. Peters, III, Esquire, attorney for transferee, PAVIA I, LLC.; and d. PA. R.C.P. 229.2(d)(3)(iv) A Final Order of Court Granting the Petition. 5. Joint Petitioner, M. Dupert, is the beneficiary of an annuity owned by Allstate Assignment Company and issued by Allstate Life Insurance Company. The structured settlement provides payment to the petitioner as described on Attachment/Exhibit "2". 6. Joint Petitioner, M. Dupert, after having the opportunity to have this matter reviewed by independent counsel of his own choosing including the implications of the transfer and any tax ramifications, expressly waived his right to independent counsel. A Copy of Joint petitioner's waiver is attached hereto, incorporated herein and marked Attachment/Exhibit "3". 7. Joint Petitioner, M. Dupert proposes to enter into a purchase agreement with PAVIA I, LLC.., its nominees, successors, or assigns, whose address is 160 Greentree Drive, Suite 101, Dover, DE 19904, who will purchase the following from Petitioner's structured settlement as follows: A) 1 payment of $7,500.00 on March 22, 2015 B) 1 payment of $7,500.00 on March 22, 2016 C) 1 payment of $7,500.00 on March 22, 2017 D) 1 payment of $7,500.00 on March 22, 2018 E) 1 payment of $7,500.00 on March 22, 2019 F) 1 payment of $7,500.00 on March 22, 2020 G) 1 payment of $4,200.00 on March 22, 2021. 8. The structured settlement is currently owned by Allstate Assignment Company and issued by Allstate Life Insurance Company, and the net amount in return payable to M. Dupert is $30,000.00 from Buyer. A copy of the Purchase Agreement, Exhibit "A' to the Purchase Agreement and Disclosure Statement is attached hereto, made apart hereof, and designated Attachment/Exhibit "4". 9. The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges is $30,000.00. 10. Based on the net amount that the payee will receive from this transaction $30,000.00 and the amounts and timing of the structured settlement payments that would be assigned, the payee is, in effect, paying interest at a rate of 16.79% per year. 11. The Buyer furnished M. Dupert with a Disclosure Statement pursuant to 40 P.S. 4003 (See Attachment/Exhibit "4") at least ten (10) days prior to the date on which M. Dupert first incurred any obligation to the Buyer. 12. PA R.C.P. 229.2(b) requires the petition to be filed in the county in which the payee is domiciled (See also Section 4 of the Act 40 P.S. §4004). PA.R.C.P. 229.2(c) also requires both the Transferee and Payee to be parties to the Joint Petition. Both requirements have been fulfilled herein. 13. Written notice of the Transferee's Names, address and taxpayer identification number has been given to the Annuity Issuer and Structured Settlement Obligor. A copy of the Notice to the structured settlement obligor is attached hereto as Attachment/Exhibit "5". Joint Petitioners wills also serve written notice as required by 40 P.S. 4004 upon all interested parties. 14. The Joint Petitioner's best interest would be served by granting the relief requested herein for the following reasons. Joint Petitioner is single and has three minor children. Petitioner is transfer a partial amount of the structured settlement. Petitioner took a risk and invested in a clothing business. Despite her efforts, the business did not succeed and Petitioner is now in debt to the prior owner in the amount of $10,000.00. Further, while petitioner is searching for employment, she needs to pay her mortgage and utility bills that total approximately $900.00 per month. This money will assist Petitioner with getting out of debt and providing for her family until she can obtain adequate employment. Petitioner has thought about this decision thoroughly and firmly believes that this is in her family's best interest. Based upon the foregoing which shall be provided upon at the time of trial, the transfer is clearly within the best interest of petitioner and family. 15. Petitioner will provide written notice of the transfer to all interested parties, including Payee and the Annuity Issuer and Owner. Non -redacted exhibits, identical to those redacted exhibits filed with the court, have been served on allparties. WHEREFORE, Joint Petitioner's respectfully requests this Honorable Court to enter the Initial Order attached to this petition which shall schedule a hearing so that Transferee and Payee shall have the opportunity to discuss the purpose and reasons for the transfer and after hearing thereon, respectfully request that this Honorable Court enter a Final Order approving the Transfer of Structured Settlement Payments Rights as is mentioned herein. By: Respectf . 1 tted: Pa ers, III, Esquire ey for Transferee VERIFICATION I, Lori Borowski, Vice President of PAVIA I, LLC., have read the foregoing Petition and hereby aver that the statements contained therein are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to the unswom falsification to authorities. on Borows , , Vice President -2.5--401 �( Date CERTIFICATION OF ATTORNEY FOR TRANSFEREE I, Paul S. Peters, III, Esquire, attorney for Transferee, PAVIA I, LLC., hereby certify to the best of my knowledge, information and belief, formed after reasonable inquiry, that the Transfer will comply with the requirements of the Act (40 P.S. § 4000 et seq.) and will not contravene any other applicable federal or state statute or regulation or the order of any court or administrative authority. I, Paul S. Peters, III, Esquire, attorney for Transferee, PAVIA I, LLC., hereby verify that the facts and statements set forth herein are true and correct to the best of my knowledge, information and belief I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification of authorities. I-5( Date Pau/� P; ers, III, Esquire AP6 rne for Transferee, PAVIA I, C. MARO & MARO, P.C. By: Paul S. Peters, III, Esquire Attorney I.D. No.: 87421 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of PAVIA I, LLC. and M. Dupert • • • NO: CERTIFICATE OF SERVICE I, Paul S. Peters, III, Esquire, hereby certify that a true and correct copy of the Petition for Transfer of Settlement Payments has been served upon the following entities via first class mail and/or certified return receipt requested and/or email on : To: Allstate Life Insurance Company Attn: Lisa Sterner, Claims 3100 Sanders Road, N3 Northbrook, IL 60062 Allstate Assignment Company Attn: Lisa Sterner, Claims 3100 Sanders Road, N3 Northbrook, IL 60062 Date: 7 2,37 By: Pau PAVIA I, LLC. 160 Greentree Drive, Suite 101 Dover, DE 19904 M. Dupert , III, Esquire for PAVIA I, LLC. MARO & MARO, P.C. By: Paul S. Peters, III, Esquire Attorney I.D. No.: 87421 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of PAVIA I, LLC. and M. Dupert Entry of Appearance TO THE PROTHONOTARY/CLERK OF SAID COURT Enter my appearance on behalf of: PAVIA I, LLC. Papers may be served at the address set forth below. By: NO: Respectfully Submitted: Maro & Maro, P.C. rIr Paul: ip; , III, Esquire Arev" No 87421 ro " Maro, P.C. 115 W. Main Street Norristown, PA 19401 (610) 275-9600(office) (610) 275-9666(Fax) ATTACHMENT/EXHIBIT "1" 01/02/04 10:08 PM Petition to Transfer Structured Settlement Rights Dupert, the payee, verify that the statements below are true and correct: Payee's name, address and age: M Dupert, Cumberland, Pennsylvania, age 2f.. 1. Marital Status: X _ Never Married; Married; Separated; Divorced if married or separated, name of spouse: N/A 2 Minor Children and other dependents: Names, ages, and places of residence: J D , age 7, L D age 5, and R N. , age 3 weeks. All three children live 3. Idl;ome: Payee's monthly income and sources: I am currently unemployed but actively seeking employment. 4. Child support, alimony or alimony pendente lite: Obligation to pay: Yes X No If yes, state the amount of the obligation, to whom payable, and whether there are arrearages: none 5. Previous transfers: Have you previously filed a petition to transfer payment rights under the structured settlement that is the subject of this petition? 'Ycs ..XNo If yes, for each petition that you filed, Page 1 01/02!04 10:09 PM Page 2 (a) If the transfer was submitted for court approval, list the court, the case caption and case number, and state whether the court approved or disapproved the transfer: If the transfer was approved, (b) State the name of the transferee and identify (listing due dates and payment amount(s)) the payments involved in the transfer: State the amount of money and the manner in which the money was used: (c) Have you ever transferred payments without court approval? If so, please explain: No 6. Reasons for transfer: Describe in detail your reasons for the proposed transfer, including an explanation as to why a sale of a lesser amount of the structured settlement amount will better serve your interests: i purchased a clothing business from an individual, Esther Martin, and it went under. I am now in debt with this the previous owner and I need to pay them back in the amount of $10,000.00 Furthermore, I have 3 children that I need to be able to care for while I work on getting a new job. I need to be able to continue to pay my mortgage which is $507.00/month and keep up with my utility bills which equate to roughly $400.00/month. These funds will allow me to clear up the debt that I own to the prior business owner and keep my home while being able to take care of my hunily.invested in a business and it went under, 01/02/04 10:09 PM Page 3 7. Payment of debts: If you seek the transfer in order to pay debts, list each debt, including the name of the .creditorand.the amount presently owed: Debt Creditor Amount Owed Business note Esther Martin (MA vu Boutique) $10,000.00 Verification I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. pVI 14 ATTACHMENT/EXHIBIT "2" 09/02/2006 12:04 7177769459 14E4NILLEPRINT PAGE 04 ORIGINAL Addendum No. 1 Description of Periodic Payments Tot M Dupert A guarahteed payment of $15,000.00 on 03/22/2006. $15,000.00 Annually , guaranteed for 13 payments , beginning 03/22/2008, and ending 03/22/2020. A guaranteed payment of $8,425.00 on 03/22/2021. Initials Claimant: Assignor: h`: Assignee: I Rnrms ATTACHMENT/EXHIBIT "3" Acco Please complete and sign. STATEMENT OF PROFESSIONAL REPRESENTATION Please Choose Either Box A OR Box B Below. After you have made your choice, SIGN AND DATE theappropriate box signature line. YOU SHOULD SIGN ONLY ONE BOX — THE BOX YOU HAVE CHOSEN. Ill: 288025 A. I HAVE -BEEN ADVISED BY ' THAT I SHOULD OBTAIN INDEPENDENT PROFESSIONAL REPRESENTATION CONCERNING THE LEGAL, TAX AND/OR FINANCIAL TAX IMPLICATIONS OF THIS TRANSACTION. I FULLY UNDERSTAND 1'HE PURCHASE AGREEMENT AND THEIiMPLICATIONS OF THE TRANSFER,INCLUDING THli. RAMIFICATIONS OF THE TRANSFER AND I DO NOT WISH TO SEEK OUT SUCH IND �' ' II ENT PROFESSIONAL REPRESENTATION. at i 23,204 MAmp.. .r...4w '' Date B. I HAVE OBTAINED INDEPENDENT REPRESENTATION AND I FULLY UNDERSTAND THE LEGAL, TAX AND/OR FINANCIAL IMPLICATIONS OF THE TRANSACTION, THE PURCHASE AGREEMENT AND THE RELATED DOCUMENTS; I WAS NOT REFERRED TO MY PROFESSIONAL ADVISOR BY THE NAME OF MY PROFESSIONAL ADVISOR IS SET FORTH BELOW: N DUPERT Date To Be Completed By Certified Professional Advisor Only ffyou have signed Box B Above Name of Professional: Attorney ID # Phone Number: (_) with Address: I have personally met with and provided independent professional advice to in respect of the Purchase Contract and the ttansactlon contemplated thereby. Melissa Dupert was referred to me by the . Professional's Signature Date ese,page sales ATTACHMENT/EXHIBIT "4" FROM: 1GINTGF 4JRC�AE. CONTRACT TO PAVIA I, LLC yUpiEt . • • • For good and valuable. cOnsi.detatien, th.iptendsciency.-tif.which is hereby acknowledged, :("Assignor') bereby, assigns, tratufers, sells andlietitiVer. to Pavin. I, 1,1;P:.("A:i.4finee".),.all of its right, title and interest inerid to that cettain PtircliaSetaintect.11234014 between AsSignor,••andWDupert and all documerits:exeCutedin etninection therewith•(hereinafter collectively referred to as the "Property'), subject to all the terms and.conditions *Wet: • The parties hereto:intend that the transfer of the Property hereby contemplated shall be, and shall be treated as, a sale by Assignor to Assignee; and not aSn ecured lending trinsaetion, Thesale hereunder shall be. absolute, final and without recourse, except as is otherwise provided herein •. • If, notwithstanding the'inient of the patties hereto or any other provision lienief,•the Property. itm and conveyed' hereunder were to be conatettecl,'by a court of competent Prisdietionte constitute property of Assignor, or the sale and oopveyance of the Property heretinder were not treated as a sale by Assignor to Assignee for all purposes, then this Assignment also is intended by the parties hereto to constitute, and hereby is, a security agreement Within the meaning of the Uniform Conunercial Code of thejurisdiction of organization of the Assignor, and the sale and eonveyariee of the Property by Assignor hereunder shall be treated as a grant of, and Assignor hereby grants to Assignee, a security interest in, to and under. all of Assignor's right, title and interest in and to all said Property, and a security interest in, to and under any and all .or Assignor's Accounts, Chattel Paper (whether tangible or electronic), Payment Intangibles, General Intangibles. lristruirientai Documents and Money and all proceeds and *products of the foregoing (in each case as such . terms are defined under the Uniform Commercial Code as. in effect in the State of Delaware frotnnime-to-time);:arising Out•of or in connection with the Property, in each case to secure Assignor's payment and performance obligations hereander,and under any, other. cloCnntents relating hereto, ot as is otherwise required .by.,applicable.Inw..„.. • Assignor authorizes Assignee to file any UCC Financing Statemenisnarning Assignor as "debtor" or "seller" thereunder, and naming Assignee as."seCured party" or ."purehaser" thereunder, deemed necessary by Assignee to perfect its Security interest crated hereby. . • . . . This Assignment shall be governed by the laws of the State of Nevada. Dated this264Any of' in the year ASSIGNOTt: By: 4 ' ,1"5.0/Z4vAili Account ID: 288025 PURCHASE CONTRACT This is a Purchase Contract ("Contract") for the sale of structured settlement payments betweeh M (You, Your), (We, Us, Our) BACKGROUND A. In connection with the resolution of a personal injury claim, You or someone acting for You, signed a Settlement Agreement that entitles You to receive certain future payments ("Settlement Payments") according to a set schedule. B. Those Settlement Payments are being paid to You from an annuity policy ("Annuity Policy") purchased by the Person responsible for making the Settlement Payments to You ("Obligor"). C. Rather than wait for the Settlement Payments to be made to You in the future, You want to sell all or some of those Settlement Payments ("Purchased Payments") to Us now for a lump sum. D. THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH YOU SHOULD READ CAREFULLY, AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. DEFINED WORDS Certain words used in this Contract have specific meanings, shown below. Affiliate An entity controlled by, controlling, or under common control with, another entity. Annuity Policy The policy purrhasPd by the Obligor to ensure that the Settlement Payments are made to You as required by the Settlement Agreement. Closing Documents Any documents necessary to carry out the purchase of the Purchased Payments, other than the "Contract or Contract Documents" as defined below. Contract or Contract Documents Collectively, only this Contract and the Disclosure Statement. Contract Date The date Your signature at the end of this Contract is notarized. However, if Y xi happen to sign this Contract before the number of days stated at the end of Your Disclosure Statement for waiting has passed, You will have no obligation under Your Contract until that time has passed: Court Order A legally binding ruling issued by a judge or properly empowered administrative officer, approving the sale of the Purchased Payments to Us ("Court Approval"). Disclosure Statement The document which identifies for You, the Purchased Payments, expenses, Purchase Price and various other disclosures. Encumbrance Any claim, right, lien, policy loan, or restriction. In addition, this includes any limits on rights of ownership (such as the use, voting, transfer, receipt of income, etc.). Funding Date The date We pay You the Net Purchase Price. Issuer The insurance company that issued the Annuity Policy. Page 1 07/12/12 Account ID: 288025 Obligor The Person who is obligated to make payments to You under the Settlement Agreement. Party One of You or Us. Parties means both You and Us. Person Aoy natural person or legal entity. Purchased Payments Only those certain payments that We are purchasing from You under this Contract. Purchase Price: Gross Purchase Price The amount shown as the "gross amount payable to the seller (You)" on the Disclosure Statement. This is the sum We have agreed to pay You before any deductions ai set forth in the Contract Documents. Net Purchase Price The amount shown as the "net amount payable to the seller (You)" on the Disci nsure Statement. This is the sum We have agreed to pay You after any deductions as ;et forth in the Contract Documents. Settlement Agreement The agreement that You and the Obligor signed to resolve Your personal injury claim. Settlement Payments All of the payments that the Obligor has agreed to make to You in the Settleme 1t Agreement. We, Our, or Us along with any of its successors, assigns, and designees. Some of the Contract Documents or Closing Documents may refer to Us as the purchaser. You or Your The Person named on this Contract's first page. Some of the Contract Documerts or Closing Documents may refer to You as the seller. You and We agree as follows: SALE OF THE PURCHASED PAYMENTS A. Upon the signing of this Contract and subject to certain conditions including Court Approval,,You sell, transfer and assign to Us the right to receive the Purchased Payments specifically identified in the Disclosure Statement. We wifl pay You the Net Purchase Price as agreed to in the Contract Documents, subject to certain conditions, including meeting Our underwriting requirements, Court Approval and satisfactory completion of the Closing Documents. We will do this in exchange for You: ing the Purchased Payments to Us; • changing the beneficiary of the Annuity Policy to Your estate and not changing it again until We have been paid all of the Purchased Payments; • having any current beneficiaries waive their rights to the Purchased Payments; and • fulfilling Your promises under this Contract. C. If We are buying only a portion of Your payments, this will have no effect upon Your rights in the unsold portion. You will continue to receive the unsold portion unless You have already sold or encumbered that portion. However, sometimes the Issuer, the Obligor or the court may require Us to receive the entire amount of Your payment. If so, We will then forward the portion of the payment still due to You and You hereby agree to this payment- servicing arrangement. 2. PURCHASE PRICE A. The Gross and Net Purchase Prices are shown on the Disclosure Statement and are fair and acceptable to You Page 2 07/12112 and Us. A B. We will pay You the Net Purchase Price in the manner You designate for Us. C. Before we pay You, You agree that We will adjust for the following amounts, if applicable: �m /88025 • Purchased Payments Owed to Us — The Issuer may have already paid You some of the Purchased Payments before We have paid Yon for them. If that happens, We will deduct the amouet_of those Purchased Payments. • Holdback/ — Due to possible delays in the Issuer beginning to make the Purchased Payments to Us instead of You, We will hold back an amount equal to any Purchased Payments that the Issuer owes Us post Court Approval, that are due within 90 days of the Funding Date. if We subsequently receive those particular Purchased Payments directly, We will return the amount of any related holdback to You. • Payment of Debts Owed — If You owe any past due child support, bankruptcy payoffs or taxes, or have any judgments or liens against You or Your assets, We may pay those amounts and deduct Ochs from the amount We pay Yon, and You hereby provide Us with specific authority to take such action. We will provide You with notice of the amounts that We are going to pay, prior to actual payment. D. If any Purchased Payments are mistakenly sent to You after We have paid You for them, You will immediately contact Us. If We then determine that any deductions or holdbacks as set forth above are not enough to reimburse Us We will advise You of the amount You owe Us. You agree to immediately send that amount to Us by bank or certifies check. 3. YOUR REPRESENTATIONS AND WARRANTIES You represent and warrant to Us the following: A. You understand that THIS IS A SALE AND NOT A LQAN. B. The Annuity Policy is in full force, You aro the sole and undisputed recipient of the right to the Purchased Payments, have the right to sell them free and clear of any Encumbrances and have not previously sold any of the Purchased Payments to any other Person, C. You understand that Court Approval is required for this purchase; and You agree to fully cooperate with Us to obtain that approval. D. You gave Us all requested information and signed all documents necessary to complete the purchase. Every statement made by You in the Contract Documents and Closing Documents is true and complete.. E. No law, divorce decree or other legal obstacle: • requires You to keep the Purchased Payments -for the benefit of a current or former spouse, dependent -children, or other person; or legally prevents You from contracting with. Us, selling the Purchased Payments or changing the Annuity Policy's beneficiary. . F. Either • You have never filed for bankruptcy, will not do so before the Funding Date and there are no lawsuits or efforts by any of Your creditors to put You into bankruptcy or take any of the Purchased Payments; or • if You filed for bankruptcy, the Purchased Payments were not subject to the claims of Your creditors. You will give Us a copy of any of Your bankruptcy documents -that We request including evidence of a final bankruptcy payoff or case closing, if any. G. We can rely on Your representations, warranties, and promises in this Contract. These representations, warranties, and promises are for Our benefitandthe benefit of any future owners of the Purchased Payments. You understand that Our reliance on any intentional misrepresentation by You may result in Our enforcing Our rights against You in court. 51711202 Page 3 Account ID: 236023 H. You had enough time to consider the sale of the Purchased Payments, understand the terms of the Contract Documents and Closing Documents (including the arbitration provision), are of legal contracting age and sound mind, no . under the influence of drugs or alcohol, and freely and voluntarily, enter into this Contract and agree to all of its terms I. You were advised by Us to obtain independent legal advice and professional tax advice about the sale of the Purchased Payments and to have those advisors review the terms and legal, tax and other effects of this Contract with You prior to Your execution of this Contract. You have also explored all appropriate fmanciaJ options before entering into this transaction. J. We did not provide tax, financial, or legal advice to You about this Contract and have advised You that We tray not refer You to any specific attorney for such purpose. K. if You are married, Your spouse understands all of the terms and conditions of this Contract inchiding, but not limited to the fact that, after the Funding Date, You (and Your spouse) will not receive the same amount of money on the same payment schedule as You would have received under the Annuity Policy. Your spouse has been provided wit) all information relating to the transaction and has bad every opportunity to review the terms of the transactor and to seek any advice relating thereto. Your Spouse also understands that he or she will be giving up any property or contract rights that he or she may have in he Purchased Payments. L. We may sell, transfer, or assign Our right to the Purchased Payments in a sale, securitization, or other financing transaction (resale). Any resale would involve disclosing certain information about You (including Your personal information) to the parties to a resale. M. Any future owner of the right to the Purchased Payments will have all of the same rights We have, including the right to the duties You owe Us under this Contract. This includes the right to make a claim against You for violating eny of the representations, warranties, or promises You made in this Conn -act 4. YOUR PROMISES TO US Belem and after the Fundine Date: A. You will tell us right away if Your address or telephone number changes and do everything necessary, including completing and signing all documents to; • sell the right to the Purchased Payments to Us; • change the beneficiary as required by this Contract; and • correct anydocumentation errors in the Contract Documents or Closing Documents. 13. You will also tell Us if any of the following occurs: • a violation of this Contract; or • anything that could negatively affect the Annuity Policy, the Purchased Payments, or this Contract. C. You will not: • agree to sell the Purchased Payments to any Person other than Us; • change the Annuity Policy's beneficiary to any Person other than Your estate until We have collected all of the Purchased Payments; or • withdraw cash from, borrow against, or change the Annuity Policy. D. You will give Us information necessary to update Your representations, warranties, and promises in this Contact. You will also update any documents and infouuation so they will be true and complete on the Funding Date. Pace 4 07/12/12 Amount ID: 288025 E. We are now, and will continue in the future, to rely on the representations and warranties You have given Us We will confirm the accuracy of Your representations and warranties. You must cooperate with this confirmation and provide complete access to any information We believe necessary. F. You agree that updating representations, warranties, promises, documents and other information will not cure a breach of any representation or warranty made by You that was not true and complete. G. You agree that Our obligation to You under this Contract is strictly limited to the requirement to pay You what We owe You under the terms of this Contract, after receipt and approval of the Closing Documents, finalunderwriting approval and Court Approval. Under no circumstances will We -be liable for any consequential damages. H. You hereby appoint Us and any of Our designees, with full power of substitution as your Attorney in Fact, to act in Your name and place for the purpose of assigning and transferring ownership of any and all right, title and interest that You have in the Purchased Payments and for Us to obtain all benefits contemplated by this transaction. You also give Us full authority to act in any way proper and necessary to exercise this Attorney in Fact appointment includng, but not limited to: (I) negotiating, endorsing and executing checks, drafts and other instruments in Your name; and (2) instituting, maintaining, compromising, settling and terminating any litigation or other proceedings related to the Purchased Payments. This power of attorney is coupled with an interest and shall survive death or disability. 5. CANCELLATION BY US We may cancel this Contract before the Funding Dale if: A. You breach any representation, warranty, or promise in any Contract Documents or Closing Documents. B. The petition for the Court Order is contested, opposed, or not approved. C. We are sued or threatened with a lawsuit or an arbitration about this Contract or the Annuity Policy. D. There is any threatened, pending, or final action, or change in law or rule challenging the legality of, or negatively affecting this transaction. E. You file for, or are forced into bankruptcy. F. You die. G. Final approval has not been given by Our underwriting department. H. The Purchase Contract is not signed by You and received back by Us by September 06, 2014. 1. A major rating agency downgrades the Issuer's credit rating. J. The Issuer is, or becomes insolvent, or under regulatory supervision. IC With respect to A through I above, to the extent permitted by applicable law, the arbitration pro this Contract shall survive the termination, cancellation or rescission of this Contract. 6. CANCELLATION BY YOU ion in Sect on 9 of A. (1) YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION AT ANY TIME WITHIN FIVE (5) BUSINESS DAYS MITER THE DATE YOU RECEIVE PAYMENT HEREUNDER FROM US. IN ORDER FOR THE CANCELLATION TO BE EFFECTIVE, YOU MUST SEND A NOTICE POSTMARKED AT ANY TIME WITHIN FIVE BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US (This is the rescission period). (2) YOUR NOTICE IS TO BE SENT EITHER BY CERTIFIED OR REGISTERED MAIL (RETURN RECEIPT REQUESTED) OR FEDF.X OR ANOTHER MAJOR OVERNIGHT DELIVERY SERVICE. THE 421.1201 Page 5 Accor nt lo: 288025 NOTICE MUST INCLUDE A BANK OR CERTIFIED CHECK MADE PAYABLE TO US, IN THE FULL AMOUNT RECEIVED BY YOU. YOUR NOTICE MUST BE SENT TO: B. GEORGIA RESIDENTS: YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO 5:00 P.M. OF THE TWENTY-FIRST DAY FOLLOWING RECEIPT OF THE ENCLOSED "NOTICE OF CANCELLATION RIGHTS" FORM, OR AT THE HEARING ON THE APPLICATION FOR AUTHORIZATION OF A TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, OR AT ANY TIME WITHIN FIVE (5) BUSINESS'DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US, WHICHEVER EVENT OCCURS LAST (This is the Georgia rescission period). IN ORDER FOR TOE CANCELLATION TO BE EFFECTIVE, YOU MUST SIGN THE ENCLOSED "NOTICE OF CANCELLATION RIGHTS" FORM AND MAIL OR DELIVER IT TO US AS SPECIFIED IN THAT NOTICE AND YOU MUST RETURN ALL AMOUNTS (PURCHASE PRICE OR OTHERWISE) RECEIVED BY YOU ACCORDING TO THE REQUIREMENTS OF 6 (A) (2) ABOVE. C. WEST VIRGINIA RESIDENTS: IN ORDER FOR YOUR CANCELLATION TO BE EFFECTIVE, YOUR NOTICE CAN BE SUBMITTED VIA PHONE, MAIL, OR FACSIMILE. ANY AMOUNTS ADVANCED BY US IN CONTEMPLATION OF THE TRANSFER SHALL BE IMMEDIATELY REFUNDED TO US IF YOU DISMISS YOUR ACTION AFTER APPOINTMENT OF A GUARDIAN AD LITEM, OR RESCIND YOUR TRANSPLR AGREEMENT (PURCHASE CONTRACT) WITHIN THE RESCISSION PERIOD IN 6(A) (1) ABOVE, YOU SHALL BE RESPONSIBLE FOR THE FILING FEE AND ANY GUARDIAN AD LITEM FEES. D. With respect to A through C above, to the extent permitted by applicable law, the arbitration provision in Section 9 of this Contract shall survive the termination, cancellation or rescission of this Contract. 7. NOTICFS A. All notices about this Contract must. be in writing. B. All notices must be sent either by: (I) certified or registered mail (return receipt requested); or (2) FedEx or another major overnight delivery service with a delivery tracking system' and arc considered given when delivered as follows: lfto You: to the most recent address for You listed in Our files. If to Us: to the address listed in Section 6(A) (2) of this Cc ntract 8. EVENTS OF DEFAULT You will be in default if You: A. fail to comply with any terms or conditions of this Contract; or B. breach any of Your representations, warranties and promises in this Contract. If You are in default, even if You have not rejected the arbitration provision (see Section 9 of this Contract), We have the right to enforce Our rights against You in court to make You perform Your promises or to get money from You. If We sue You in court in connection with a Claim that is subject to arbitration under the arbitration provision in Section 9 of this Contract, and You have not rejected the arbitration provision, You will have the option of remaining in court or seeking to compel arbitration of that Claim under the terms of the arbitration provision. Page 6 9. ARBITRATION PROVISION To the extent permitted by applicable law, You and We agree to the following arbitration. provision. YOU HAVE 'ii r, RIGHT TO REJECT THIS ARBITRATION PROVISION AS SET FORTH BELOW. if You do not reject this arbitration provision and a Claim is arbitrated, You will sot have the right to; (1) have a court ora jury decide the Claim; (2) engage in information gathering (discovery) to the same extent as in court;. (3) participate in a class action in court or in arbitration; or (4) join'or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration. Claims Subject to Arbitration. A "Claim" subject to arbitration is any claim, dispute or controversy between You and Us (other than an Excluded Claim or Proceeding as set forth below), whether preexisting, present or future, which arises out of, or relates to the Contract, the negotiations related thereto, the breach thereof or any other transaction conducted with us in connection with the Contract. "Claim" has the broadest possible meaning and includes initial claims, counterclaims, cross-claims, third -patty claims and federal, state, local and administrative claims. It includes disputes based upon contract, tort, consumer rights, fraud and ott er intentional torts, constitution, statute, regulation, ordinance, common law and equity and includes claims for money damagss and injunctive or declaratory relief. Upon the demand of You or Us, Claim(s) will be resolved by individual (not class or class wide) binding arbitration in accordance with the terms specified in this arbitration provision. Special Definitions. Solely for purposes of this arbitration provision, in addition to the meanings set forth in this Contract (1) "We," "Us" and "Oar" also (a) refer to Our employees, officers, directors, parents, controlling persons, subsidiaries and affiliates kind (b) apply to third parties if You assert a Claim against such third parties in connection with a Claim you assert against Us; and (2) "You" or "Your" also refer to Your current or former spouse(s), children. heirs, estate, executors, successors, assigns, representatives and beneficiaries. Excluded Claim or Proceeding. 'Notwithstanding the foregoing, "Claim" does not include any dispute or controversy about the validity, enforceability, coverage or scope of this arbitration provision or any part thereof (including, without limitation, the "Class Action Waiver" set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Contract as a whole is for the arbitrator, not a court, to decide. in addition, We will not require You to arbitrate any individual action brought by You in small claims court or Your state's equivalent court, unless such action is transferred, removed, or appealed to a different court. Federal Arbitration Act. Notwithstanding any other provision in this Contract, You and We agree that this Contract evidbnces a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) ("FAA") shall govern its interpretation and enforcement and proceedings pursuant thereto. To the extent state law is applicable under the FAA, the law of the state of Your domicile (where You regularly reside on the Contract Date) shall apply. Class Action Waiver. Notwithstanding any other provision of this Contract, if a Claim is arbitrated, neither You nor We will have the tight: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member, or (b) to join or consolidate Claims with claims of any tither Persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision (provided, however. that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including You. This means that We will not have the right to compel arbitration of any claim brought by such an agency). The Class Action Waiver is nonseverable from this arbitration provision. If the Class Action Waiver is limited, voided or found unenforceable, then this arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the Fight to appeal the limitation or invalidation of the Class Action Waiver. Arbitration Procedures. if You or We seek to arbitrate a Claim, the Party seeking arbitration must notify the other Party ,n writing. This notice can be given after the beginning of a lawsuit and can be given in papers filed in the lawsuit, such as a motion to compel arbitration. Otherwise, Your notice must be sent to Us at the address specified in Section 6 (A) (2) of this Contract and Our notice must be sent to the most recent address for You in our files. Any arbitration hearing that You attend will take place in a ve we of Your domicile. If a Party files a lawsuit in court asserting Claim(s) that are subject to arbitration. and the other Party files a motion to compel arbitration with the court, which is granted, it will be the responsibility of the Party prosecuting the Claim(s) to select an arbitration administrator in accordance with the paragraph below and commence the arbitration proceeding in accordance with the administrator's rules and procedures. Page 7 07/12112 Moo 0): 288025 The arbitration will be administered by the American Arbitration Association ("AAA"), 103 Broadway, 10's Floor, New 10019, www.adr.org, 1-800-778-7879 or JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, 1-80 The rules and forms of the AAA and JAMS may be obtained by writing to these organizations at the addresses listed abov AAA and JAMS are unable or unwilling to serve as administrator, the Parties may agree upon another administrator or, if unable to agree, a court shall determine the administrator. No company may serve as administrator, without the consent o if it adopts or has in place any fennel or informal policy that is inconsistent with and purports to override the terms of this provision. In the event of a conflict between the provisions of this arbitration provision, on the one hand, and other provis Contract or any applicable rules of the AAA or JAMS or other administrator used, on the other hand, the provisions of this provisio,p shall control. ork, NY 352-5267. if the ey are 1 Parties, 'tration s of this tration A single arbitrator will be appointed by the administrator and must be a practicing attorney with ten or more years of ex • ence or a retired judge. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, orb y state or local laws that relate to arbitration proceedings. The arbitrator will honor statutes of limitation and claims of privilege recognized under applicable law. In determining liability or awarding damages or other relief, the arbitrator will follow this Contract and the applicable substantive law, consistent with the FAA and this Contract, that would apply if the matter had been brought in court. At Your written request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to You for Claim(s) asserted by You in arbitration after You have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which You reside. (If You have already paid a filing fee for asserting the Claim(s) in court, You will not be required to pay that amount again). In addition, the administrator may have a procedure whereby Yr u can seek a waiver of fees charged to You by the administrator and arbitrator. We will always pay any fees or expenses that We are required to pay by law or the administrator's rules or that We are required to pay for this arbitration provision to be enforced. The arbitrator will have the authority to award attorneys' and expert witness fees and costs to the extent permitted by this Contract, the administrator's rules or applicable law. The arbitrator will always award You reasonable attorneys' and expert witness fees and costs (a) i and to the extent You prevail on Claims you assert against Us in an arbitration commenced by You and (b) to the extent required under applicable law for this arbitration provision to be enforced. The arbitrator shall write a brief explanation of the grounds for he decision. A judgment on the award may be entered by any court having jurisdiction. Severability and SurvivaL If any part of this arbitration provision, other than the Class Action Waiver, is deemed or fount to be unenforceable for any reason, the remainder shall be enforceable. To the extent permitted by applicable law, this arbitration provision shall survive the termination, cancellation or rescission of this Contract Effect of Arbitration Award. The arbitrator's award shall be final and binding on all Parties, except for any right of appeal provided by the FAA However, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relie`that could foreseeably involve a cost or benefit to either Party exceeding $50,000, any Party can, within 30 days after the entry of the tward by the arbitrator, appeal the award to a three -arbitrator panel administered by the administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing Party. The decision of the panel shall be by majority vote. Reference in this arbitration provision to "the arbitratori" shall mean the panel if an appeal of the arbitrator's decision has been taken. The costs of such an appeal will be borne in accordance with the above paragraph titled "Arbitration Procedures." My final decision of the t ppeal panel is subject to judicial review only as provided under the FAA. Right to Reject Arbitration Provision. You may reject this arbitration provision by sending Us written notice of Your decision so that We receive it at the address listed below within forty-five (45) days of the Contract Date. Such notice must be sent by certified or registered marl (return receipt requested) or by FedEx or another major overnight delivery service with a delivery tracking system; must include a statement that You wish to reject the arbitration provision along with Your name, address, Account I.D. number and Your signature; and must be delivered to Us at the address specified in Section 6 (A) (2) of this Contract. This is the sole a Id only method by which You can reject this arbitration provision. Upon receipt of a rejection notice, We will reimburse You for the standard cost of a certified or registered letter or overnight delivery. Rejection of this arbitration provision will not affect any other i arms of this Contract and will not result in any adverse consequence to You. You agree that Our business records will be final and conclusive with respect to whether You rejected this arbitration provision in a timely and proper fashion. This arbitration provision will apply to You and Us unless you reject it by providing proper and timely notice as stated herein. Pagc 8 Aaarlt ID: 288025 10. MISCELLANEOUS A. You give Us permission to conduct background checks on You, including obtaining information from the credit bureaus, in order to verify Your legal residence, contact information, and any other information We deem necessary for this transaction. We can also search records for UCC filings, bankruptcy filings, judgments, liens and child support obligations against You. B. This Contract is the entire agreement between You and Us. C. If there is more than one of Us or You, this Contract applies to all of those people together, and to each of the -n on their own. D. Both Parties must agree in writing to any change to this Contract or waiver of its terms. E, Except as set forth in the arbitration provision in Section 9 of this Contract, if a court undoes any part of this Contract, the rest of the Contract remains valid. F. You cannot voluntarily or involuntarily sell, assign, or transfer this Contract, or any of Your rights or duties under this Contract. Any such action taken by You in violation of this section shall be void and of no effect. G. Except as otherwise required by applicable law, the law of the state of Your domicile (where You regularly reside on the Contract Date) will govern this Contract and disputes under this Contract shall be determined in Your domicile State (where You regularly reside on the Contract Date). H. This Contract also holds responsible Your heirs, and executors. This Contract benefits only You and Us, and no one else. However, if properly assigned by Us, this Contract will bind and benefit Our successors and assigns. I. Failure to enforce any provision of this Contract is not a waiver of that provision. I. The Parties may sign this Contract in one or more counterparts. Each counterpart will be considered an original. All counterparts will form one Contract. A facsimile, pdf or other electronic copy of the signed Contract or any c )unterpart will be considered an original and treated as such in any court [or arbitration) proceeding. K. We have investigated the proposed transfer of the Purchased Payments and, in light of information available to Us, have identified no violation of any applicable state or federal law. L. You will not receive an IRS Form 1099 from Us. M. Titles and headings in this Contract are for convenience only. Do not use them to interpret this Contract. N. Except as otherwise set forth in this Contract (including the arbitration provision in Section 9 of this Contract), You and We will pay our respective costs and expenses in carrying out this Contract. O. You give Us permission to request from our Affiliates information and documentation You have previously provided to them which we deem necessary for this transaction, including, bankruptcy filings, judgments, settling documents, annuity documents, liens, child support obligations, divorce documents. You and We, intending to be legally bound, have signed this Contract as of the Contract Date below, and agree to al of its terms and conditions, including the arbitration provision. Page.9 Accomntn): 288025 By signing below, You also acknowledge that You were advised by Us in writing, that You should obtain independent legal advice and professional tax advice about the sale of the Purchased Payments and to have those advisors review with You, the. terms and legal, tax and othereffects of this Contract. Sworn to and subs bed before me this day of , 20k ("Contract Date") hAtnikt Acknowledged and Agreed: CCMMONWEALTN O' PENNSYL NOTARIAL SEAL Maritsa Lightner, Notary Public fast Penasboro Township. Cumberland County Mr Commission Expires December 15.2017 Sworn to and subscribed SELLER'S SPOUSE (if applicable) before me thls _ day of , 20 Notary QUI 2r12 US: Spouse Patel Gottesman, Underwriting Manager Account TD 258025 July 22, 014 PENNSYLVANIA DISCLOSURE STATEMENT We will purchase the following payments (Purchased Payments) from You: A) 1 payment of $7,500.00 on March 22, 2015B) 1 payment of $7,500.00 on Marc 22, 2016 C) 1 payment of $7,500.00 on March 22, 2017 D) 1 payment of $7,500.00 on arch 22, 2018 E) 1 payment of $7,500.00 on March 22, 2019 F) 1 payment of $7,500.00 o March 22, 2020 G) 1 payment of $4,200.00 on March 22, 2021 (The remainder of the page intentionally left blank) Account m: 288025 July 22, 014 The aggregate amount of the Purchased Payments is $49,200.00. The discounted present value of the aggregate: Purchase Payments at the federal in erest rate of 2.20% is $45,665.25. The discounted present value is the calculation of the urrent. value of the transferred structured settlement payments (Purchased Payments) un er federal standards for valuing annuities. The gross amount payable to seller (You) Is $3,0,000.00. The net amount payable to the seller (You) is $30,000.00. Legal fees (this is an estimate of what Your attorney will charge You if You choose not to waive representation): $500.00 No other expenses are incurred by You. The net amount that You will receive from Us in exchange for Your future structu ed settlement payments represents 65.70% of the estimated current value of the pay nts based upon the discounted value using the applicable federal rate. Based on the net amount that You will receive in payment from Us and the amoun s and timing of the structured settlement payments that You are selling to Us, this is the equivalent of interest payments to Us at a rate of 16.79% per year. PLEASE NO E THAT THIS IS NOT A LOAN, BUT A SALE:OF PAYMENT RIGHTS AND INTEREST FIGURE IS ONLY PROVIDED AS AN ILLUSTRATION OF THE ECONOMIC IMPACT OF THE SALE. Please be advised there are no penalties or liquidated damages payable by you in t e event of any breach of the transfer agreement by you. By signing below, You are confirming receipt of this Disclosure Statement at least 0 days prior to You first incurring an obligation with respect to the transfer. - 2 - Account 1D: 288025 July 22, ► 014 ILLINOIS DISCLOSURE STATEMENT We will purchase the following payments (Purchased Payments) from You: A) 1 payment of $7,500.00 on March 22, 2015 B)1 payment of $7,500.00 on Marc 22, 2016 C) 1 payment of $7,500.00 on March 22, 2017 D) 1 payment of $7,500.00 on arch 22, 201$ E) 1 payment of $7,500.00 on March 22, 2019 F) 1 payment of $7,500.00 o March 22, 2020 G) 1 payment of $4,200.00 on March 22, 2021 (The remainder of the page intentionally left blank) Account U) 288023 July 22, ' 014 The aggregate amount. of the Purchased payments is $49,200.00. The discounted present value of the aggregate Purchased Payments at the federal terest rate of 2.20% is $45,665.25. The discounted present value is the calculation of the urrent value of the transferred structured settlement payments (Purchased Payments) un er' federal standards for valuing annuities. The gross amount payable to. seller (You) is $30,000.00. No other expenses are incurred by You. The net amount payable .to'the seller (You) is $30,000.00. Based on the net amount that You will receive in payment from Us and the amount and timing of the structured settlement payments that You are selling to Us, this is the equivalent of interest payments to Us at a rate of 16.79% per year. PLEASE NO THAT THIS IS NOT A LOAN, BUT A SALE OF PAYMENT RIGHTS AND INTEREST FIGURE IS ONLY PROVIDED AS AN ILLUSTRATION OF THE ECONOMIC IMPACT OF THE SALE. Notice of Cancellation Rights: You may cancel without penalty or further obligation, not later than the fifth busin - . - day after Your receipt of payment from Us under the transfer agreement (Purchase Co tract). Please be advised there are no penalties or liquidated damages payable by You in t event of any breach of the transfer agreement (Purchase Contract) by You. By signing below, You are confirming receipt of this Disclosure Statement at least 3 days prior to You executing the transfer agreement (Purchase Contract). n M: .2. IMPORTANT NOTICE You are strongly urged to consult with an attorney who can advise you of the potential tax consequences of this transaction. Sworn to and subscribed Berk me thiday of COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Menus Lightner, Notary Public East PannsbateTownship. Cumberland County My Commission Expires Qooember 1b, 2011 July 25, 2014 Allstate Life Insurance Company 3100 Sanders Rd., N3 Northbrook, IL 60062 Attn: Legal Department/Structured Settlements Allstate Assignment Company 3100 Sanders Rd. N3 Northbrook, IL 60062 Attn: Legal Department/Structured Settlements RE: Notice of Sale/Assignment of Payment Rights Your Contract #: Payee: M Dupert Dear Insurer: Please be advised that and/or its successors and assigns, have entered into a transaction with the above -referenced annuitant who is seeking to transfer certain of his/her rights to the payments scheduled to be received under the above -referenced annuity policy. We are currently seeking court approval pursuant to the applicable structured settlement transfer statute. Pursuant to the statute, please note the following information about the Purchaser: PLEASE NOTE: No payments under this annuity should be held until the courts have entered a final order and we have forwarded this order to you. Very truly yours, By: Lori Borowski, Vice President Reserved for Court Use. F:LES►--011_ T THE PROTHOHUT;" O 2014 AUG -8 AM i€: 54 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of PAVIA I, LLC. and M. Dupert • • • NO: !4— 11.5a6 INITIAL ORDER OF COURT On this 1 day of 2014, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on / , 2014, in Courtroom at J/'Uj A.,: clock. C)� 3 The payee shall bring income tax returns for the prior two (2) years to the hearing. Within seven (7) days, the transferee shall give notice of the hearing date to the payee, the structured settlement obligor, the annuity issuer, the payee's spouse and any person receiving child support, alimony, or alimony pendente lite. The transferee shall attach a certificate of service to the notice of hearing date. A copy of the notice with the certificate of service shall be filed with the court prior to the hearing. Copy Irtttfc(d 14-14.:1 "Pdedzs adspy Thomas A. Placey Cornmon Pleas Judge MARO & MARO, P.C. By: Paul S. Peters, III, Esquire Attorney I.D. No.: 87421 1115 West Main Street Norristown, PA 19401 (610) 275-9600 THE PI5�a THON 2014 AUG Cif-;BEnL � p� �' � PENNSYLVANIA ENNS AND I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of PAVIA I, LLC and M. Dupert NO: 2014-4520 Civil CERTIFICATE OF SERVICE I, Paul S. Peters, III, Esquire, hereby certify that a true and correct copy of the Notice of Hearing was served upon the Payee, The Structured Settlement Obligor, The Annuity Issuer, the Payee's Spouse and any person receiving child support, alimony or alimony pendente lite. A copy of the Notice is attached hereto. BY: Paul S. Peters, III, Esquire Attorney for PAVIA I, LLC. 1115 W. Main Street Norristown, PA 19401 (610) 275-9600 (610) 275-9666(facsimile) MARO & MARO, P.C. By: Paul S. Peters, III, Esquire Attorney I.D. No.: 87421 1115 West Main Street Norristown, PA 19401 (610) 275-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of PAVIA I, LLC. and M. Dupert NO: 1 `� '" NOTICE OF HEARING ON PETITION TO TRANSFER PAYMENT RIGHTS To: Allstate Life Insurance Company Attn: Lisa Sterner, Claims 3100 Sanders Road, N3 Northbrook, IL 60062 Allstate Assignment Company Attn: Lisa Sterner, Claims 3100 Sanders Road, N3 Northbrook, IL 60062 PAVIA I, LLC. 160 Greentree Drive, Suite 101 Dover, DE 19904 M. Dupert You are hereby given notice that PAVIA I, LLC. has filed a petition to transfer payment rights. A hearing in this matter has been scheduled on Or-Jrd er" I , 2014 at )116.6 olock in courtroom no. ca courthouse, Cumberland County Court of Common Pleas. You are entitled to support, oppose or otherwise respond to the payee's petition, either in person or by counsel, by filing written comments with the court prior to the hearing or by attending the hearing. The Name, Address and Tax Identification number of the transferee is PA 160 Greentree Drive, Suite 101, Dover, DE 19904, Tax I.D. No.: 35-24925 7- 2 r -t l BY: Date C. Pau . j/ - s, III, Esquire A ► . for PAVIA I, LLC. . Main Street Norristown, PA 19401 (610) 275-9600 (610) 275-9666(facsimile) Reserved for Court Use. ;LED - 1.;t, THE PROTHOHOT, MR AUG -8 AM 514 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of PA VIA I, LLC. NO: and M. Dupert INITIAL ORDER OF COURT On this 1 day of 2014, it is ordered that a hearing on this Petition to Transfer Structured Settlement Payment Rights will be held on /3 , 2014, in Courtroom (0 at _ll:_al/Pitelock. The payee shall bring income tax returns for the prior two (2) years to the hearing. Within seven (7) days, the transferee shall give notice of the hearing date to the payee, the structured settlement obligor, the annuity issuer, the payee's spouse and any person receiving child support, alimony, or alimony pendente lite. The transferee shall attach a certificate of service to the notice of hearing date. A copy of the notice with the certificate of service shall be filed with the court prior to the hearing. Thomas A. Placey Common Pleas Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: Joint Petition of PAVIA I, LLC • and Melissa Dupert : No. 2014-4520 Civil FINAL ORDER AND NOW, this 13th day of October, 2014, it is ordered that the Joint Petition for Transfer of Structured Settlement Payment Rights is granted. The Court specifically finds that: 1. The payee, Melissa Dupert a/k/a Melissa A. Dupert a/k/a Melissa Ann Dupert ("Ms. Dupert"), has established that the transfer is in the best interest of Ms. Dupert and her dependents, taking into account the welfare and support of her dependents. 2. Based on the certification by an attorney for the transferee, PAVIA I, LLC ("PAVIA"),1 and the Court having not been made aware of any statute, regulation, or order that would be incompatible with the proposed transfer, the transfer wi11 not contravene any applicable federal or state statute or regulation, or the order2 of any court or responsible administrative authority, or any applicable law limiting the transfer of workers' compensation claims. 3. The transfer complies with the remaining requirements of the Pennsylvania Structured Settlement Protection Act, 40 P.S. § 4001 et seq., including sections 4003(a)(2), 4003(a)(4), 4003(a)(5), and 4003(a)(6). Based upon the foregoing findings, IT IS HEREBY ORDERED that: Pursuant to an Assignment of Purchase Contract dated July 25, 2104, J.G. Wentworth Originations, LLC ("Wentworth") assigned to PAVIA all of its rights and obligations under the Purchase Contract, including the right to receive the Assigned Payments 2 The Court has reviewed and considered the Decree entered on February 24, 2005 by the Court of Common Pleas, Cumberland County, Pennsylvania, No. 05-901 Civil Term, approving the underlying structured settlement, a copy of which is attached hereto as Exhibit "A." ACTIVE/ 77169956.3 1. The payments that are to be transferred are designated as follows: annual payments each in the amount of $7,500.00, commencing on March 22, 2015 through and including March 22, 2020; and one lump sum payment in the amount of $4,200.00 due on March 22, 2021 (the "Assigned Payments"); 2. The annuity issuer, Allstate Life Insurance Company ("Allstate Life"), shall forward the Assigned Payments, within 7 days of the date due, by check made payable to "PAVIA I, LLC," at P.O. Box 83364, Woburn, MA 01813-3364, as follows: annual payments each in the amount of $7,500.00, commencing on March 22, 2015 through and including March 22, 2020; and one lump sum payment in the amount of $4,200.00 due on March 22, 2021. 3. The terms of this Final Order shall survive the death of Ms. Dupert and shall be binding on Ms. Dupert's heirs, beneficiaries, and assigns, and her death shall not affect the right of PAVIA to receive the Assigned Payments. 4. The balance of each annual structured settlement payment commencing on March 22, 2015 through and including March 22, 2020, and the balance of the structured settlement payment due March 22, 2021, that are not the subject of the Proposed Transfer and not previously assigned, shall be made payable to Ms. Dupert and will be forwarded by Allstate Life, when due, to Ms. Dupert's most recent known address or any payment address designated by Ms. Dupert, subject to Allstate's consent. 5. In the event PAVIA further assigns or otherwise transfers the Assigned Payments (or any portion thereof or interest therein) to another person or entity (a "Reassignment"), Allstate Life and the structured settlement obligor, Allstate Assignment Company (collectively, "Allstate"), will not be obligated to redirect the Assigned Payments (or any portion thereof) to any person or entity other than PAVIA or to any payment address other than that specified ACTIVE/ 77169956.3 2- herein, and PAVIA, Wentworth, and Ms. Dupert shall remain obligated to comply with all terms and conditions herein and in the parties' Stipulation ("Stipulation"). 6. PAVIA and Wentworth shall defend, indemnify, and hold harmless Allstate and its directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present, from and against any and all liability, including but not limited to costs and reasonable attorneys' fees, for any and all claims asserted by any person or entity, including but not limited to any claims asserted by any person or entity not a party hereto, claiming an interest in the Assigned Payments, and any and all other claims made in connection with, related to, or arising out of the Purchase Contract between Ms. Dupert and Wentworth, the proposed transfer, the Assigned Payments, any Reassignment, or Allstate's compliance with the parties' Stipulation or this Final Order, except with respect to claims by PAVIA and Wentworth against Allstate to enforce Allstate's obligations to PAVIA and Wentworth under the parties' Stipulation. To the extent PAVIA or Wentworth fails to honor this indemnification and defense obligation, Allstate may, in addition to all other remedies afforded by law, satisfy the same by withholding to its own credit any funds owed to PAVIA or Wentworth. 7. Allstate's lack of opposition to this matter, or its or the other parties' stipulation hereto or compliance herewith, shall not constitute evidence in this or any matter, and is not intended to constitute evidence in this or any matter, that: (a) payments under a structured settlement contract or annuity or related contracts can be assigned or that "anti -assignment" or "anti -encumbrance" provisions in structured settlement contracts or annuities or related contracts are not valid and enforceable; or (b) other transactions entered into by PAVIA and/or Wentworth and their customers constitute valid sales and/or secured transactions; or ACTIVE/ 77169956.3 3 (c) Allstate has waived any right in connection with any other litigation or claims; or (d) PAVIA or Wentworth has waived any right other than as expressly set forth in the parties' Stipulation and/or this Final Order. 8. Ms. Duped shall receive from PAVIA and/or Wentworth the net amount of $30,000.00 from which no funds are owed for counsel fees, administrative fees, or other costs, fees, or expenses. b DONE IN OPEN COURT this ( J.i'�1 day of October, 2014. ✓Pod # Ma( ACTIVE/ 77169956.3 Judge 1) KAAs A. f'LF'-j A,/ 0�3�, �{yvefiP,ed 4 —{ rri EXHIBIT A ACTIVE/ 771699563 r Metzger, Wicker4tam, Knauss & Erb, P.C. By: Clark DeVere, Esquire Attorney ID..Noi 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 117110-0300 (717) 238-8187 • cdvenwke.com IN RE: MEL SSA A. DUPERT FEB 1 8 2005.,/ • Attorneys for Plaintiffs . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :gtitIMIX41'S COURT DIVISION NO. ag — got ei DECREE AND NOW, this 2 */- day of (7,6 , 2005, upon consideration of the • • • Petition. for Approval ot MinorSettlement, it is hereby ORDERED and DECREED that the settlement forthe gross sum of Two Hundred Twenty-five Thousand ($225,000.00) is APPROVED.. Counsel fees andexpenses are found to be fair and reasonable and are also approved as spt forth below. The distribution is directed as 'follows: (1) 1 To be paid to Gerald Dupert and Lora Dupert, who are appointed , guardians of Melissa A: Dupert for the purposes of this Petition only, the sum of $17,101.57. tobe placed in an insured savings account or certificate, of deposit, to be marked "not to be withdrawn, assigned, negotiated, or otherwise alienated. until Melissa A. Dupert reaches her majority on Qtr-ti(ki • I except upon prior Order of this Court"; To be paid to Metzger, Wickersham, P.C., for counsel fees and expenses the sum of $57,676.43; 1 • 017707 4 kik • (3) Tobe paid to the Department of Public Welfare for medical expense lien, the sum of $222.00;. • . (4) --Thejbalance-of $150;0Q0.00 to be transferred by Ohio -Casualty -Group -to-•• •-- •-- Allstate Life Insurance Company to set up a structured settlement account. Tlie structured settlement account will pay the following guaranteed lump sums to Melissa A. Dupert at the following ages: I: 1 $15,000 at (3/22/06) $15,000 at (3/22/08) $15,000 at (3/22/09) I:$15,000 at (3/22/10) . $15,000 at (3/22/11) I $15,000 at (3/22/12) I $15,000 at (3/22/13) $15,000 at '� (3/22/14) $15,000 at (3/22/15) $15,000 at ,� (3/22/16) . $15,000 at - (3/22/17) $15,000 at ,.: (3/22/18) $15,000 at (3/22/19) !I $15,000 at (3/22/20) +$ 8,425. at (3/22/21) The benefits are represented to be tax-free guaranteed benefits, which will !be payable to Melissa A. Dupert at the specified ages and if she should die • /before the payments are made, to her estate or to such other persons or .. /others as shall be designated in -writing by her to Allstate Family Life Insurance Company. • Gerald and Lora Dupert, as parents and natural guardians of Melissa A. Dupert, are authorized to sign the Releases and Structured Settlement Agreement, attached to this Petition, and discontinue this action upon'delivery of the' cash payment totaling $75,000.00 and the . transfer of the remaining funds into the structured settlement account. BY THE COURT: cc: /Clark DeVere, Esquire - counsel for Petitioners Dan1Osborne, Sr. Claims Representative, Ohio Casualty Group Doiglas Kocher, Claims Representative, Erie Insurance Group #317707 I .